Winfield Solutions, LLC v. W S Ag Center, Inc. et al

Filing 85

ORDER that Winfield Solutions, LLC's motion to compel WS Ag Center, Inc. to provide written responses and documents in response to Winfield's June 29 Post-Judgment Request for Production of Documents, dkt. 77 , is GRANTED. WSAG must provi de full, complete responses to those discovery requests not later thanOctober 26, 2020; and Attorney Claire Ann Richman's motion to withdraw as counsel for WSAG, dkt. 80 , is DENIED at this time. Signed by Magistrate Judge Stephen L. Crocker on 9/24/2020. (voc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

WINFIELD SOLUTIONS, LLC,
v.

OPINION AND ORDER

Plaintiff,

17-cv-942-slc

W S AG CENTER, INC., W. KENT GANSKE
and JULIE L. GANSKE,
Defendants.

Before the court are two motions: (1) Winfield Solutions, LLC’s motion to compel WS
AG Center, Inc. to answer post-judgment discovery requests seeking information to help
Winfield determine whether corporate assets remain which may be used to satisfy the judgment
in this case, dkt. 77; and (2) a stipulation for withdrawal of counsel filed by WSAG’s attorney
of record, Claire Ann Richman, dkt. 80, which was filed the same day she filed a brief on
WSAG’s behalf opposing the motion to compel, dkt. 81.
The motion to compel will be granted. WSAG objects on the ground that Winfield’s
Rule 34 requests are procedurally improper, but it is WSAG that has no leg to stand on. Rule
69 of the Federal Rules of Civil Procedure provides that a judgment creditor may, “[i]n aid of
the judgment” or its execution, “obtain discovery from any person—including the judgment
debtor—as provided in these rules or by the procedure of the state where the court is located.”
The Advisory Committee Note to the 1970 Amendment to Rule 69 states: “The amendment
assures that, in aid of execution on a judgment, all discovery procedures provided in the rules
are available[.]” The cases cited in WSAG brief are no longer good law, which some cursory citechecking would have revealed. In fact, as explained in the Advisory Committee Note, Rule 69
was amended in response to those cases.

Winfield’s Rule 34 Request for Production of

Documents was entirely proper, and WSAG must respond to it. Further, having failed to
provide a written response to the discovery requests within 30 days of being served, and having
raised only a procedural objection before this court, WSAG has waived all other objections to
the discovery requests. It must answer them fully within one month of this order.
As for Attorney Richman’s request to withdraw, it is denied at this time. I recognize that
WSAG wishes to terminate her representation and may lack the funds to pay her. However,
SCR 20:1.16(c) states:
A lawyer must comply with applicable law requiring notice to or
permission of a tribunal when terminating a representation. When
ordered to do so by a tribunal, a lawyer shall continue
representation notwithstanding good cause for terminating the
representation.
So far as it appears, WSAG does not intend to hire successor counsel. Thus, because a
corporation is not permitted to litigate in federal court absent counsel, United States v. Hagerman,
545 F.3d 579, 581 (7th Cir. 2008), granting Attorney Richman’s motion would permit WSAG
to evade its responsibility to comply with the pending discovery requests and thwart Winfield’s
ongoing effort to collect on the judgment. The court is not going to allow this. Attorney
Richman may renew her request to withdraw after WSAG complies fully with Winfield’s
outstanding discovery requests; the court will consider the motion given the totality of
circumstances at that time.

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ORDER
IT IS ORDERED that:
1.

Winfield Solutions, LLC’s motion to compel WS Ag Center, Inc. to provide
written responses and documents in response to Winfield’s June 29 PostJudgment Request for Production of Documents, dkt. 77, is GRANTED. WSAG
must provide full, complete responses to those discovery requests not later than
October 26, 2020; and

2.

Attorney Claire Ann Richman’s motion to withdraw as counsel for WSAG, dkt.
80, is DENIED at this time.

Entered this 24th day of September, 2020.
BY THE COURT:
/s/
_______________________
STEPHEN L. CROCKER
Magistrate Judge

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